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(c) A pharmaceutical representative shall display his or her license during each
13visit with a health care professional.
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14(3) Professional education requirements. (a) In order to become initially
15licensed under sub. (2) (a), a pharmaceutical representative shall complete a
16professional education course as determined by the commissioner. A pharmaceutical
17representative shall, upon request, provide the commissioner with proof of the
18coursework's completion.
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(b) In order to renew a license under sub. (2) (a), a pharmaceutical
20representative shall complete a minimum of 5 hours of continuing professional
21education courses. A pharmaceutical representative shall, upon request, provide the
22commissioner with proof of the coursework's completion.
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(c) The professional education coursework required under pars. (a) and (b) shall
24include training in ethical standards, whistleblower protections, laws and rules
1applicable to pharmaceutical marketing, and other areas that the commissioner may
2identify by rule.
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(d) The commissioner shall regularly designate courses that fulfill the
4requirements under this subsection and publish a list of the designated courses.
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(e) The professional education coursework required under this subsection may
6not be provided by the employer of a pharmaceutical representative or be funded, in
7any way, by the pharmaceutical industry or a 3rd party funded by the
8pharmaceutical industry. A provider of a course designated under par. (d) shall
9disclose any conflict of interest.
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10(4) Disclosure to commissioner. (a) No later than June 1 of each year, a
11pharmaceutical representative shall provide to the commissioner, in the manner
12prescribed by the commissioner, all of the following information from the previous
13calendar year:
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1. The total number of times the pharmaceutical representative contacted
15health care professionals in this state and the specialties of the health care
16professionals contacted.
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2. For each contact with a health care professional in this state, the location and
18duration of the contact, the pharmaceuticals for which the pharmaceutical
19representative provides information, and the value of any item, including a product
20sample, compensation, material, or gift, provided to the health care professional.
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(b) The commissioner shall publish the information provided under par. (a) on
22the commissioner's Internet site in a manner in which individual health care
23professionals are not identifiable by name or other identifiers.
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24(5) Disclosure to health care professionals. During each contact with a
25health care professional, a pharmaceutical representative shall disclose the
1wholesale acquisition cost of any pharmaceutical for which the pharmaceutical
2representative provides information and the names of at least 3 generic prescription
3drugs from the same therapeutic class, or if 3 are not available, as many as are
4available for prescriptive use.
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5(6) Ethical standards. The commissioner shall promulgate a rule that
6contains ethical standards for pharmaceutical representatives and shall publish the
7ethical standards on the commissioner's Internet site. In addition to the ethical
8standards contained in the rule, a pharmaceutical representative may not do any of
9the following:
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(a) Engage in deceptive or misleading marketing of a pharmaceutical,
11including the knowing concealment, suppression, omission, misleading
12representation, or misstatement of a material fact.
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(b) Use a title or designation that could reasonably lead a licensed health care
14professional, or an employee or representative of a licensed health care professional,
15to believe that the pharmaceutical representative is licensed to practice medicine,
16nursing, dentistry, optometry, pharmacy, or other similar health occupation in this
17state unless the pharmaceutical representative holds a license to practice.
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(c) Attend a patient examination without the patient's consent.
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19(7) Enforcement. (a) Any individual violating this section shall be fined not
20less than $1,000 nor more than $3,000 for each offense. Each day the violation
21continues shall constitute a separate offense.
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(b) The commissioner may suspend or revoke the license of a pharmaceutical
23representative who violates this section. A suspended or revoked license may not be
24reinstated until all violations related to the suspension or revocation have been
25remedied and all assessed penalties and fees have been paid. An individual whose
1pharmaceutical representative license is revoked for any cause may not be issued a
2license under sub. (2) (a) until at least 2 years after the date of revocation.
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(c) A health care professional who meets with a pharmaceutical representative
4who does not display his or her license or share the information required under sub.
5(5) may report the pharmaceutical representative to the commissioner for further
6action.
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7(8) Rules. The commissioner may promulgate rules to implement this section.
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8Section
2997. 632.864 of the statutes is created to read:
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9632.864 Pharmacy services administrative organizations.
(1)
10Definitions. In this section:
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(a) “Administrative service” means any of the following:
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1. Assisting with claims.
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2. Assisting with audits.
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3. Providing centralized payment.
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4. Performing certification in a specialized care program.
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5. Providing compliance support.
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6. Setting flat fees for generic drugs.
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7. Assisting with store layout.